House Bill 99. Open Board Meetings – IMPORTANT CHANGE

OK – Everyone, the following is an important change regarding Board Meetings (not member meetings) and explains the process and requirements for making BOARD/COMMITTEE meetings “open” to members who request, in writing, to be invite to, and participate in Board meetings.  The following is for informational purposes – please contact me directly for follow up:  john@rkw-law.com or 801-274-6800.

HOUSE BILL 99

CONDOMINIUM ACT CHANGES

57-8-3 – Definitions:

  1. Sec. 24 “Means of electronic communication” means an electronic system that allows individuals to communicate orally in real time – which includes web conferencing; video conferencing; and telephone conferencing.
  2. Sec. 25 “Meeting” means a gathering of a management committee, whether in person of by electronic communication, at which meeting the committee can take binding action.
  3. Sec. 28 “Period of administrative control” means the period of control described in 57-8-16.5(1).

57-8-56 – Management committee meetings – Open meetings.

  1. The association shall give written notice of a meeting via email to each unit owner who requests notice of a meeting unless:

(a) notice was previously provided to the owner; or

(b) the meeting is to address an emergency and the committee member received notice of the meeting less than 48 hrs before the meeting.

  1. The notice of the meeting shall:

(a) be delivered to the unit owner by email, which unit owner provides to management committee;

(b) state the time, date and location of meeting; and

(c) if a committee member participates by electronic communication, provide the unit owner information to participate in the same way.

  1. Meetings shall be open to all unit owners or their representatives (designated by owner in writing).

4.  EXECUTIVE SESSION:   A management committee may close a meeting to:

(a) consult with attorney to obtain legal advice;

(b) discuss litigation, mediation or administrative proceedings;

(c) discuss a personnel matter;

(d) discuss a matter regarding contracts, bids or proposals;

(e) discuss a matter which may cause an individual undue embarrassment or violate their privacy; and

(f) discuss a delinquent assessment or fine.

  1. At a management committee unit owners should be allowed reasonable opportunity to offer comments. However, they may limit comments to one specific time during the meeting.

HOUSE BILL 99

COMMUNITY ASSOCIATION ACT CHANGES

SAME AS CONDOMINIUM AMENDMENTS – simply repeated below

57-8a-102 – Definitions

  1. Sec. 13 “Means of electronic communication” means an electronic system that allows individuals to communicate orally in real time – which includes web conferencing; video conferencing; and telephone conferencing.
  2. Sec. 14 “Meeting” means a gathering of a management committee, whether in person of by electronic communication, at which meeting the committee can take binding action.
  3. Sec. 17 “Period of administrative control” means the period during which the person who filed the association’s governing documents or their successor retains authority to appoint or remove members of the board or exercise power or authority assigned to the association under their governing documents.

57-8a-225 – Board meetings – Open meetings

  1. The association shall give written notice of a meeting via email to each lot owner who requests notice of a meeting unless:

(a) notice was previously provided to the owner or

(b) the meeting is to address an emergency and the board members received notice of the meeting less than 48 hrs before the meeting.

  1. The notice of the meeting shall:

(a) be delivered to the lot owner by email, which the lot owner provides to management committee;

(b) state the time, date and location of meeting

(c) and if a board member participates by electronic communication, provide the lot owner information to participate in the same way.

  1. Meetings shall be open to all lot owners or their representatives (designated by owner in writing.
  2. EXECUTIVE SESSION: A board may close a meeting to:

(a) consult with attorney to obtain legal advice

(b) discuss litigation, mediation or administrative proceedings,

(c) discuss a personnel matter; (d) discuss a matter regarding contracts, bids or proposals

(e) discuss a matter which may cause an individual undue embarrassment or violate their privacy

(f) discuss a delinquent assessment or fine.

  1. At a management committee unit owners must be allowed reasonable opportunity to offer comments. However, they may limit comments to one specific time during the meeting.

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